Citrus Canker Regulations; Quarantined Areas and Survey Areas

SUMMARY: We are amending the citrus canker regulations by removing the

areas in Highlands and Manatee Counties, FL, from the list of

quarantined areas and by removing the area in Hillsborough County, FL,

from the list of survey areas. No evidence of citrus canker has been

found in these areas for at least 2 years. This action is necessary to

relieve regulatory restrictions which are no longer necessary.

EFFECTIVE DATE: May 16, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,

Domestic and Emergency Operations, Plant Protection and Quarantine,

APHIS, USDA, room 661, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782, (301) 436-6365.

SUPPLEMENTARY INFORMATION:

Background

Citrus canker is a plant disease caused by strains of the bacterium

Xanthomonas campestris pv. citri. The disease is known to affect plants

and plant parts, including fresh fruit, of citrus and citrus relatives

(Family Rutaceae). It can cause defoliation and other serious damage to

the leaves and twigs of susceptible plants. It may also make the fruit

of infected plants unmarketable by causing lesions on the fruit.

Infected fruit may also drop from trees before reaching maturity. The

Asiatic strains of Xanthomonas campestris pv. citri (A strains) are

aggressive strains.

In the United States, Florida is the only State where citrus canker

has been present in recent years. Regulations to prevent the interstate

spread of citrus canker from Florida are contained in 7 CFR 301.75-1

through 301.75-14, ``Subpart--Citrus Canker'' (referred to below as

``the regulations'').

The regulations designate certain areas in Florida as quarantined

areas and impose restrictions on the interstate movement of regulated

articles from and through quarantined areas. The regulations also

designate survey areas, which surround the quarantined areas. Survey

areas undergo close monitoring by Animal and Plant Health Inspection

Service (APHIS) and State inspectors.

On March 17, 1993, we published in the Federal Register (58 FR

12553-12554, Docket No. 93-153-1) a proposal to amend the regulations

by removing the areas in Highlands and Manatee Counties, FL, from the

list of quarantined areas, and by removing the area in Hillsborough

County, FL, from the list of survey areas.

We solicited comments concerning our proposal for a 30-day comment

period ending April 18, 1994. We received three comments, two from

State agriculture departments and one from an organization of farmers.

All the commenters supported our proposal. However, one commenter

pointed out that some States also impose restrictions on the movement

of citrus plants into their States to prevent the introduction of

diseases and pests other than citrus canker.

The commenter is correct. Some citrus-producing states restrict the

movement of citrus plants into their States to prevent the introduction

of citrus diseases or pests, other than citrus canker, into the State.

For this reason, although we are removing the Federally-imposed citrus

canker quarantines in Florida, anyone shipping citrus plants interstate

should be aware that State-imposed restrictions may apply.

The facts presented in the proposed rule still provide the basis

for this final rule.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule without

change.

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. This rule removes the

areas in Highlands and Manatee Counties, FL, from the list of

quarantined areas and removes the area in Hillsborough County, FL, from

the list of survey areas. This will eliminate the requirement for

regular inspection of groves in the former survey areas in which

regulated fruit, trees, and plants are produced, thus reducing the

burden on the operators of the groves and on APHIS and Florida State

agencies, which provide inspectors to perform the inspections.

Therefore, the Administrator of the Animal and Plant Health Inspection

Service has determined that this rule should be made effective upon

publication in the Federal Register.

This final rule has been reviewed under Executive Order 12866. For

this action, the Office of Management and Budget has waived its review

process required by Executive Order 12866.

Under this final rule, all areas in Highlands and Manatee Counties

are released from their classification as quarantined areas, and the

area in Hillsborough County is released from its classification as a

survey area. Citrus plants, plant parts, citrus fruit, and other

regulated articles from formerly quarantined areas are allowed to be

moved interstate to other areas in the United States, including

commercial citrus-producing areas, and regulated articles are allowed

to be moved interstate through quarantined areas. Requirements which

apply to survey areas are also removed.

We have determined that 237 individuals and businesses will be

economically affected by the changes. These individuals and businesses

include: lawn care companies (82), grove owners (74 persons who own

2,177 acres), retail nursery outlets (21), fruit processors (15), fruit

harvesting contractors (12), fruit shippers (12), fresh fruit packing

houses (11), nurseries (9), and seed extractors (1). APHIS believes

that virtually all of these individuals and businesses are small

entities.

It should be noted that the costs of compliance were, in many

cases, minimal, and that the individuals and businesses affected by the

regulations represent less than one percent of all similar individuals

and businesses in Florida.

One of the largest groups of affected individuals and business is

grove owners. We estimate that this rule change will save each affected

grove owner approximately $25 per acre, per year, by removing

requirements for cleaning and disinfecting vehicles, equipment, and

personnel leaving their groves. These costs represent a small

percentage of the owners' overall production costs.

In addition, this final rule will allow grove owners to expand the

areas into which their fruit could be moved interstate, in that they

will be allowed to move fruit interstate to commercial citrus-producing

areas. We anticipate that any impact from this rule change will be

negligible, as approximately 90 percent of all of Florida's citrus

production is for the juice market, and only about 10 percent is for

the fresh fruit market.

In addition to grove owners in the quarantined areas, truckers,

packing and processing plants, and lawn services within the currently

quarantined areas will no longer be subject to inspection and will no

longer need to carry out activities now required by the regulations.

This should result in financial savings to these entities. This also

means that groves producing regulated fruit for interstate movement,

regulated trees, and regulated plants in the current survey area will

no longer be subject to regular inspections for citrus canker. This

change will reduce the burden on APHIS and Florida State agencies,

which currently provide inspectors to perform inspections.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. Under this final rule: (1) All State and local

laws and regulations that are inconsistent with this rule are

preempted; (2) no retroactive effect will be given to this rule; and

(3) administrative proceedings will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This final rule contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 continues to read as

follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and

164-167; 7 CFR 2.17, 2.51, and 371.2(c).

2. In Sec. 301.75-4, paragraphs (a) and (d)(1) are revised to read

as follows:

Sec. 301.75-4 Quarantined areas.

(a) The following States or portions of States are designated as

quarantined areas: Citrus canker is not known to exist in the United

States.

* * * * *

(d) * * *

(1) Survey area. In the following area, inspections are conducted

as required by paragraphs (d)(1)(i), (d)(1)(ii), and (d)(1)(iii) of

this section: Citrus canker is not known to exist in the United States.

* * * * *

Done in Washington, DC, this 10th day of May 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-11839 Filed 5-13-94; 2:42 pm]

BILLING CODE 3410-34-P